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U.S. v. EGGE

No. 98-30322.

223 F.3d 1128 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. John EGGE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2000.

Attorney(s) appearing for the Case

Deirdre Caughlan, Butte, MT, for defendant-appellant.

Kris A. McLean, Assistant U.S. Attorney, Missoula, MT, for plaintiff-appellee.

Before: REAVLEY, CYNTHIA HOLCOMB HALL, and O'SCANNLAIN, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

This case requires us to consider whether drug users who purchase drugs from a seller convicted of conspiracy to distribute methamphetamine under 21 U.S.C. § 846 are necessarily participants in the criminal activity for the purposes of the U.S.S.G. § 3B1.1(b) enhancement for role in the offense. We hold that customers who are solely end users of controlled substances are not participants for the purposes of U.S.S.G. ...

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